What is the test for qualified expert testimony in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Singh, 37 Cal.App.4th 1343, 44 Cal.Rptr.2d 644 (Cal. App. 1995):

According to Evidence Code section 801, subdivision (a), expert opinion testimony must be "[r]elated to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact...." Further, "[a] person is qualified to testify as an expert if he has special knowledge, skill, experience, training or education sufficient to qualify him as an expert on the subject to which his testimony relates. Whether a person qualifies as an expert in a particular case, however, depends upon the facts of the case and the witness's qualifications. [Citation.] The trial court is given considerable latitude in determining the qualifications of an expert and its ruling will not be disturbed on appeal unless a manifest abuse of discretion in [sic ] shown. [Citations.]" (People v. Bloyd (1987) 43 Cal.3d 333, 357, 233 Cal.Rptr. 368, 729 P.2d 802.) This court may find error only if the witness "clearly lacks qualification as an expert." (People v. Hogan (1982) 31 Cal.3d 815, 852, 183 Cal.Rptr. 817, 647 P.2d 93, italics in original, disapproved on other grounds in People v. Cooper (1991) 53 Cal.3d 771, 836, 281 Cal.Rptr. 90, 809 P.2d 865.)

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